Rui Zhang, Plaintiff-Appellant, v. 20 (2011)

Supreme Court, Appellate Division, First Department, New York.

Rui Zhang, Plaintiff-Appellant, v. 20 East 80th Street Corp., et al., Defendants-Respondents, Maria Twomey, etc., Defendant.

4539

Decided: March 17, 2011

Andrias, J.P., Friedman, Moskowitz, Richter, JJ.

Godosky & Gentile, P.C., New York (Jillian Rosen of counsel), for appellant. Law Offices of James J. Toomey, New York (Eric P. Tosca of counsel), for respondents.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 21, 2009, which, in an action for personal injuries allegedly sustained when plaintiff fell out of a bed and through an opening in a loft structure to the floor below, granted defendants-respondents' motion for summary judgment dismissing the complaint and all cross claims as against them, unanimously affirmed, without costs.

Respondents, the owner and manager of the building, established their prima facie entitlement to judgment as a matter of law by demonstrating that the loft structure and the ladder used to climb up to the loft, which had been there for more than 30 years without incident, were reasonably safe, and that they had no notice of a dangerous condition. Plaintiff's opposition fails to raise a triable issue of fact as to these matters. We note that there is no showing by plaintiff that the loft and ladder violate any statutory or common-law safety standard.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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